STATE v. COOPER

No. 83-137.

343 N.W.2d 485 (1984)

STATE of Iowa, Appellant, v. Venice (NMN) COOPER, Appellee.

Supreme Court of Iowa.

February 15, 1984.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mary Jane Blink, Asst. Atty. Gen., James C. Bauch, County Atty., and Theodore R. Stone, Asst. County Atty., for appellant.

Virginia Hollins Davidson, Asst. Public Defender, Waterloo, for appellee.

Considered by McGIVERIN, P.J., and LARSON, SCHULTZ, CARTER, and WOLLE, JJ.


LARSON, Justice.

Defendant Cooper was accused of theft of property not exceeding fifty dollars in value, a simple misdemeanor. Iowa Code § 714.2(5). Here, however, because of two prior convictions for theft, she was charged under section 714.2(3) (1983) which permits a charge of theft in the third degree, an aggravated misdemeanor, for theft "by one who has before been twice convicted of theft." The district court here found that at the time of both prior convictions...

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